Frequently Asked Questions

Frequently Asked Immigration Questions

Answers From Our Houston Immigration Attorneys

Q: My application for citizenship was denied. Do I have any options?

A: Yes! You may file a request for another hearing in front of a different
immigration officer within 30 days of the notice of the denial of your
application. The new officer will review your application and follow examination
procedures. This can include testing the knowledge of the English language
or performing another test on U.S civics.

Anyone seeking administrative review must complete Form N-336 and may also
include a brief summary of other additional evidence that clarifies why
they are eligible for
citizenship. We may be able to get your application for citizenship in the United
States approved by representing you with the appeal process. Our lawyers
are immigrants themselves and they understand well the entire legal proceeding.

Q: What factors are considered in the immigration process?

The United States Citizenship and Immigration Services (USCIS) will take
into account several different factors when considering an individual’s
immigration petition.

These factors might include the following:

If the petitioner has an immediate relative, and the relative is a U.S.
citizen or permanent resident

If the petitioner has or will be have a permanent job position while in
the U.S., and that job is valid under one of the five eligibility requirements
for occupations

If the petitioner will be making a significant investment that meets the
minimum required

If the petitioner qualifies for refugee status—someone facing persecution
in his or her home country due to gender, religion, race, political opinion,
or affiliation in a certain group or organization

Q: I would like my fiancé to come to the U.S. What is my next step?

A: This
non-immigrant visa has several legal requirements that must be met in order for the application
to be approved. The couple who is applying must have already met in person
at least within the past 2 years, with some exception. Additionally the
marriage must be legal according to the state in which the union will
take place. Filing the Form I-129 F, Petition for Alien Fiancée
is the first and primary step as well as gathering other documents. They
must be taken to the nearest U.S. Citizenship and Immigration Services
(USCIS) by the United States citizen that wishes to bring their fiancée
to reside in America.

Once the USCIS gives approval of the petition, they get in touch with the
U.S. embassy within the home country of the fiancée. Beyond that
the individual wishing to come to the U.S. for marriage must apply for a
K-1 visa and be married to their fiancée within 90 days of entering the
country. Get in touch with our firm for further information and to see
how we can assist you in this process to make it a smooth one!

Q: What should I do if I must undergo deportation proceedings?

A: If you have been given a deportation order or notification of any kind,
you will need strong
deportation defense immediately. Before you attend any hearings, get in touch with a knowledgeable
attorney who can develop a strong case in your favor. You will be asked
questions in court to determine the result of your charges and bring forward
any evidence or witnesses that may help your case. Without a lawyer who
knows the ins and outs of immigration proceedings, you may find yourself
in a difficult situation. Do not enter these kinds of situations blindly
and alone.

Simon Law Group, PLLC may be able to help you avoid being deported from the
country, depending on the circumstances of your case. With an understanding
and level of dedication, we can also work to find appropriate evidence
to appeal your deportation decision should your application for relief
from removal has already been denied.

Q: I am a U.S. business owner who needs to bring a foreign worker under
my employment. Is this possible?

A: Absolutely. The first step is to apply for an
employment based visa. These visas are limited in number so it is vital that the Form I-40,
Petition for Alien Worker be properly filed with the Department of Labor
with accuracy and in a timely manner.

This is typically reserved for foreign individuals with experience in a
certain area that fits into one of the following:

Has exceptional skills that will greatly benefit the U.S. economy

Is an accomplished researcher or professor that has at least 3 years of
education in his or field

Has maintained an executive position at a business for more than one year
and desires to continue to advance in that field

Can perform specialized labor and has at least 2 years of experience with
that skill set

Is an unskilled worker that will be performing labor for a qualified, more
specialized worker and has less than 2 years of experience with that skill set

As the employer, you must also prove that you have the ability to pay forth
wages through producing bank statements, financial records and annual
reports. It is also required that you have job experience letters and
other documentation that denotes the legitimacy of the job. It can be
a tricky and confusing process, but with the help of an educated lawyer
it is entirely possible. We recommend that you do not attempt to petition
for a green card for an alien worker without the proper legal assistance.

Advocacy from Someone Who Has Been There

When it comes to
immigration law, choose an attorney with personal experience of the immigration process.
Our legal team is dedicated solely to immigration matters and is passionate
about getting results for the client. We have had vast experiences handling
a wide array of immigration cases, resulting in positive case outcomes.

Having assisted individuals from around the world, we have dealt with applications
to U.S. Consulates and has presented appeals to the Board of Immigration
Appeals. At our firm you can find the answers you need to many of your
questions and find the peace of mind you need to move forward with immigration
proceedings.